Divorce Questions & Answers

Q: Can I get a divorce if husband is in prison

1 Answer | Asked in Divorce for Georgia on
Answered on Feb 21, 2018

Yes you can. Talk to an attorney about assisting you with this matter.
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Q: divorced with no separation agreement need to get my name off the mortgage is there any way to do that

1 Answer | Asked in Divorce for North Carolina on
Answered on Feb 21, 2018

It sounds very much like you did your own divorce - if so, the situation you are in now is a prime reason why that is an incredibly bad idea. If property issues were not addressed at the time of the divorce, you can not now address that under normal equitable distribution. You likely should talk to a local real property attorney to see what can be done.

Worst case scenario, you are on the hook financially for property you potentially do not own. So there is likely very little...
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Q: Does America accept divorces obtained in Denmark? (Regards to K1 visa)

1 Answer | Asked in Divorce and Immigration Law for Idaho on
Answered on Feb 21, 2018

With a few nuances, the rule is that if the divorce decree is accepted by a recognized government, the U.S. agencies will recognize it for purposes of immigration, K-1 in your case.

So in this situation, if Denmark recognizes the divorce with the documentation that you have, then U.S. agencies will as well.
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Q: can the lower waged paid parent get paid by the other parent that has the kids?

1 Answer | Asked in Divorce and Child Support for Florida on
Answered on Feb 21, 2018

Child support is based on a mathematical formula in the law. You need his net income, her net income and the number of overnights with each parent to do the calculation. Child support belongs to the children and is not meant to get a parent back on their feet. What she may need is temporary spousal support.
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Q: Changing Custody Rights from Another State

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Feb 21, 2018

TWO is simply going to have to bite the bullet and hire an attorney or if TWO want's to invoke god's law, I suppose TWO could ask god to smite ONE. An attorney will likely yield better results.
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Q: I’m married, but have discovered that I may not be divorced from my previous marriage, what should I do

1 Answer | Asked in Divorce for Florida on
Answered on Feb 21, 2018

If your first husband had indeed died prior to your second marriage, you would not have been "divorced from [your] previous marriage", but in fact the marriage would have ended in your husband's death. if, on the other hand, you were told incorrectly that he was dead, and he was alive at the time of the second marriage, the second marriage would be void.

You indicate that you can't find the death certificate. Did you have it at one time, or do you mean that you have searched for one...
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Q: Me and my husband are getting a divorced. We had two children together. How much will he owe in child support in a month

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Answered on Feb 21, 2018

There is a child support calculator on the OK DHS website. You will need to enter gross monthly income for each and health insurance costs. Even if you don't have all the info, this should give you an idea what it will be.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
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Q: my friend is 15 and the judge is still giving both parents custody. why can’t she choose who she wants to stay with?

1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Answered on Feb 20, 2018

She has no say because she is a child - that changes at 18.
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Q: My MSA defines my child support pmt based on 120 nights/yr. My overnights are now >170. Can I have the MSA changed?

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Answered on Feb 20, 2018

Yes, you could ask to have your child support modified. The child support law now is based upon your income vs. her income. Therefore, even if you have equal or close to equal time, you may still have to pay support based upon any substantial difference in income. Also, I am sure both of your incomes have changed since 2013.
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Q: Can my ex request in our divorce that our son not be around a specific person in my life? If yes then for how long?

1 Answer | Asked in Divorce and Child Custody for Alabama on
Answered on Feb 20, 2018

Yes, and until the child reaches the age of 19
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Q: Do I have to be in contact with my child's mother? She has full custody and I longer wish to be in contact with either

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Virginia on
Answered on Feb 20, 2018

You cannot be forced to stay in contact with your son, but that's likely not the best result for him or you. With the help of Counsel, you can most likely craft an agreement or an Order to have the exchanges with the mother in public places or with a witness present. Although this can cause problems in itself, most phones can video these days. Some very troubled relationships exchange their children at police stations to keep the drama and potential legal issues at bay. You can stay away if...
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Q: My divorce was finalized November 22, 2017. Do we file 2017 income taxes as married or single?

1 Answer | Asked in Divorce and Tax Law for Florida on
Answered on Feb 20, 2018

Single. The key date is December 31. You can still divide things like mortgage interest or property taxes.
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Q: I currently have my daughter and trying to file for full custody if mother Does not show up to court what happens?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Feb 20, 2018

Whether or not the court finds her, based on what you said, the court is likely to grant you full custody. Use the Find a Lawyer tab to retain a local family law attorney to assist you.
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Q: Can I live in RV on the same property as our house and have it count as "not living under the same roof" for separation?

1 Answer | Asked in Divorce for Maryland on
Answered on Feb 20, 2018

The court has found that will satisfy the requirement. But you cannot spend one single night in the house if your spouse is there.
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Q: AL divorce trial set for 4/4/18, can spouse have this delayed due to non emergency surgery she is planning?

1 Answer | Asked in Divorce for Alabama on
Answered on Feb 20, 2018

That's up to the Court!
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Q: child born 1 week after nisi period ends (absolute divorce) real father is not from marriage. If he signs birth C.? His?

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Answered on Feb 20, 2018

If your ex husband does not want to be financially responsible for the child he will likely want to cooperate with a paternity complaint brought by biological father.
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Q: I am going to try and file for a divorce. I have an IRA in my name that I worked for. He is not on the account can he g

1 Answer | Asked in Divorce for Massachusetts on
Answered on Feb 20, 2018

There a several statutory factors involved in determining equitable distribution of the marital estate including the length of the marriage, ages of the parties, health of the parties, ability to acquire future assets, etc. and you have not given enough information for this question to be responded to adequately. I suggest that you at least meet with a domestic relations attorney to go over your facts.
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Q: Can a parent move far away taking their kids - while still legally married with no parenting agreement in place?

1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Ohio on
Answered on Feb 20, 2018

Without a court order for custody, either parent can move with the children, and no permission is required. But the other parent then would have to file with the court to try to sort out the custody issue in a divorce or legal separation. If Ann is going to law school, she should know to talk to an attorney. She can use the Find a Lawyer tab.
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Q: AL div.trial set for 4/4 and spouse says she is having surgery in 6 weeks and wont make it. will they change trial date

2 Answers | Asked in Divorce for Georgia on
Answered on Feb 20, 2018

Please post your question in the Alabama forum.
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Q: In NY, does a 13 year-old have to visit with a custodial parent who has visitation rights in the divorce decree?

1 Answer | Asked in Child Custody and Divorce for New York on
Answered on Feb 20, 2018

Generally speaking, yes. And the custodial parent should do whatever he/she can do to facilitate the visits by speaking to the child, maybe taking the child to therapy, or start out the visits with a third party and the non-custodial parent. It would not be a good idea for the custodial parent to discourage the visits. But each case is different and you should consult a family law attorney qualified to assist you.
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